Fish Habitat Regulations

The Anadromous Fish Act (AS 16.05.871- .901) requires that an individual or
government agency provide prior notification and obtain permit approval from
ADF&G before altering or affecting “the natural flow or bed” of a specified
waterbody, or fish stream. All activities within or across a specified
anadromous waterbody require approval from Habitat, including construction;
road crossings; gravel removal; mining; water withdrawals; the use of
vehicles or equipment in the waterway; stream realignment or diversion;
bank stabilization; blasting; and the placement, excavation, deposition, or
removal of any material.

The location of specified anadromous waterbodies is contained in the “Catalog
of Waters Important for the Spawning Rearing or Migration of Anadromous Fishes.”
The Anadromous Waters Catalog is updated annually,
and adopted into regulation (5 AAC 95.011) after public review; it is the legal record
of known anadromous fish streams in the state.

The Fishway (or Fish Passage Act AS 16.05.841), requires that an individual or
government agency notify and obtain authorization from the Alaska Department
of Fish and Game, Division of Habitat for activities within or across a stream
used by fish if it is determined that such uses or activities could represent
an impediment to the efficient passage of resident or anadromous fish.